Replacement tenants: when you have to accept one, and when you don't

EverReal Editorial Team. The same leasing technology chosen by 450+ real estate companies. Last updated: October 2026.

Problem: The tenant wants to move out early and presents a replacement tenant. Cause: Whether this creates an obligation for you depends on the contract. Thesis: First check the clause, then the person, and search for a replacement tenant yourself in parallel.

Do I have to accept a replacement tenant?

As a rule, a landlord is not required to accept a replacement tenant provided by the tenant. An obligation may arise if the contract contains a replacement tenant clause (Nachmieterklausel), or if, in the case of a fixed-term lease or an exclusion of termination, there is a legitimate interest on the tenant's part in early release and the proposed candidate is suitable and reasonable. Even then, the landlord is entitled to screen the candidate and reject them if they are not suitable or not reasonable.

What applies if the tenant wants to provide a replacement tenant?

For you, a presented replacement tenant is fundamentally an offer to end the contract early, not an obligation. If a tenant has looked for a replacement tenant and wants to present them, they want to get out of the contract earlier than its term allows. The word "Nachmieter" (replacement tenant) does not appear in the German Civil Code (BGB). In an open-ended lease, the tenant's notice period is three months: anyone who gives notice by the third working day of a month terminates the tenancy as of the end of the month after next (Section 573c BGB). Until then, rent continues to accrue, even if they have already moved out (Section 537 BGB). The glossary entry on Nachmieter explains the term. How a landlord terminates a tenancy themselves is explained in the article Terminating a lease as a landlord.

Two exceptions may come into consideration.

First: a replacement tenant clause in the contract. If it is included, its wording applies—more on this in the next section.

Second: good faith in the event of a binding term. A fixed-term lease pursuant to Section 575 BGB only ends upon the expiry of the term, unless it is terminated extraordinarily or extended (Section 542 (2) BGB); more on this in the article on fixed-term leases. In the case of an exclusion of termination (Kündigungsausschluss), ordinary termination is barred. Based on good faith (Section 242 BGB), a tenant may have a claim to early release upon presenting a replacement tenant. For fixed-term contracts, the Federal Court of Justice (BGH) cites a legitimate interest of the tenant in early termination and a suitable, reasonable replacement tenant (judgment of January 22, 2003, VIII ZR 244/02); for an exclusion of termination, it left the question open (judgment of October 7, 2015, VIII ZR 247/14). The binding term alone does not establish an obligation, and whether the requirements are met depends on the individual case.

If the tenant remains the contracting party and merely accommodates someone in the property, this constitutes subletting and is not a replacement tenant issue.

What effect does a replacement tenant clause in the lease have?

Whether a replacement tenant clause obligates you to accept depends on which of the two forms is present, and that is determined by the wording. A proper replacement tenant clause (echte Nachmieterklausel) obligates you to enter into a contract with a suitable and reasonable replacement tenant. You can then only reject them if they are not suitable or not reasonable. An improper replacement tenant clause (unechte Nachmieterklausel) allows the tenant to leave early if they provide a suitable and reasonable replacement tenant. You must release them, but you do not have to enter into a contract with the proposed person. Neither term appears in statutory law. Read the clause in its entirety, as it may attach conditions to consent.

An unjustified rejection can cost you the rent. In a case decided by the Federal Court of Justice on January 22, 2003 (VIII ZR 244/02), the landlord and tenant had agreed that the tenancy would end as soon as a suitable replacement tenant was found. The landlord turned down an interested party with a child. He was no longer able to demand rent for the period starting from the date on which that candidate could have moved in.

Whether you include a clause in a new contract is up to you when drafting it: Lease agreement template to copy: mandatory contents.

Searching for a replacement tenant: your own selection instead of consenting to a proposal

If neither a clause nor a binding term applies, conducting your own search has three advantages over agreeing to a single proposal. The first is comparison. A presented replacement tenant is a single applicant: take them or leave them, without comparison. Your own listing turns this into a selection process, and the tenant's proposal participates in it just like any other application. Otherwise, you do not reject a suitable, reasonable proposal in favor of your own applicants.

The second lies in the contractual terms. If you conclude a new contract with an applicant from your own search, you set the rent anew within the legal framework, as described in Setting the rent: comparable rent and limits. If, on the other hand, the proposed candidate steps into the ongoing tenancy, all conditions continue to apply, including the rent.

The third is time. As long as the old contract is running, the rent keeps running, so your own search can start immediately. How to advertise is explained in Listing an apartment for free: portals and costs, and what belongs in the description in Writing an apartment ad: structure, example.

First read the clause, then screen the person

Pull out the lease agreement before answering. Is a replacement tenant clause included, and is it proper or improper? Is the contract for a fixed term or is ordinary termination excluded? In a standard-form contract, ordinary termination must be possible at the latest upon the expiry of four years after contract conclusion, otherwise the exclusion is invalid in its entirety (BGH, judgment of October 7, 2015, VIII ZR 247/14). Only then will you know whether you decide freely or are required to agree.

Treat the proposal like any other application

The guidance paper of the Data Protection Conference (DSK, Version 2.0, as of January 2026) does not explicitly mention replacement tenants; it regulates data collection from prospective tenants. Anyone who wants to move into the apartment is a prospective tenant. At the viewing appointment, first name, last name, and contact details are sufficient; for social housing, the question regarding an eligibility certificate (Wohnberechtigungsschein) is also permitted. Profession and income only follow after a statement of intent to rent this specific apartment, and supporting documents only after your decision. The stages are detailed in Selecting and rejecting prospective tenants, and permissible checks before signing in Identifying rent fraudsters (Mietnomaden).

Require search and information from the tenant

If the tenant demands early release based on good faith, according to the Federal Court of Justice it is entirely up to them to search for a suitable replacement tenant, inform you about their person, and provide you with the information you need to assess reliability and financial capability. You do not have to actively cooperate in the search (BGH, judgment of October 7, 2015, VIII ZR 247/14). Set a deadline for the tenant. When you are allowed to collect which information is governed by the stages from the previous section.

With EverReal Go!: manage your own replacement tenant search as a leasing process

Your own search for a replacement tenant is a complete leasing process that you can start immediately while the old contract is still active. With EverReal Go!, you create the listing and share it, see applicants who match your apartment first, and coordinate viewing appointments in one place; applicant data is available digitally and in a comparable format. This is covered by the Light package: a one-off payment of 34 euros including VAT per leasing process, valid for six months. You can list on portals using Flexibel Inserieren, which is required for this, from 59 euros per 30 days including VAT; the three tiers differ in the included portals, and all prices can be found in the price overview.

Clarify contract takeover vs. new contract

In a contract assumption (Vertragsübernahme), the replacement tenant steps into the existing tenancy, all terms remain, and all three parties must agree. With a new contract, the old tenancy ends via a termination agreement (Aufhebungsvertrag). Schedule both dates for the same day: if you have surrendered the apartment to another person and therefore cannot grant use to the previous tenant, they do not owe rent for that period (Section 537 (2) BGB). In both cases, clarify who receives the deposit and how it is held: Deposit account: investing and returning the security deposit.

Record the response in writing

Respond promptly and in writing. Without a clause and without a binding term, a brief rejection without stating reasons is sufficient, provided you decide freely. Where a clause or a binding term is involved, document the reason you can cite in case of a dispute: an income that does not cover the rent, or information that is missing despite a deadline. In case VIII ZR 244/02, far-fetched fears and mere personal dislike were disregarded in assessing reasonableness, and the Federal Court of Justice did not object to this (judgment of January 22, 2003).

Conclusion: clause first, then the person

Without a clause and without a binding term, you decide freely. With a clause, or with a binding term plus a legitimate interest and a suitable, reasonable proposal, the offer can become an obligation, and screening still remains your responsibility. To see where the transition fits into the overall process, see Renting out an apartment: the complete process.

EverReal Go! is your digital assistant for renting out property.

Legal disclaimer: We do not provide legal advice. For specific legal questions, contact a specialist lawyer for tenancy and residential property law or your local property owners' association, such as Haus & Grund.

Legal status: October 2026, according to the statutes and rulings cited below and the guidance paper of the Data Protection Conference (Version 2.0, as of January 2026).

Sources

• BGB, gesetze-im-internet.de, accessed on October 14, 2026: Section 242, Section 537, Section 542, Section 573c, Section 575

• General Equal Treatment Act (AGG), gesetze-im-internet.de, accessed on October 14, 2026: Section 19 AGG

• BGH, judgment of January 22, 2003, Case No. VIII ZR 244/02 (Suitability and reasonableness of a replacement tenant, release of the tenant), full-text judgment (PDF)

• BGH, judgment of October 7, 2015, Case No. VIII ZR 247/14 (Search and duty of disclosure of the tenant; exclusion of termination in standard-form contracts), full-text judgment (PDF)

• Conference of the Independent Data Protection Supervisory Authorities of the Federation and the Länder (DSK), Guidance Paper "Obtaining self-disclosures from prospective tenants", Version 2.0, as of January 2026, including Annex: Sample Questionnaire

• Prices and scope of services of EverReal Go!: de.everreal.co/go/preise, accessed on October 14, 2026

• 450+ real estate companies: EverReal proprietary data, as of September 2026

Frequently Asked Questions

Do I have to accept a replacement tenant?

Generally, no. The German Civil Code contains no specific statutory rule on replacement tenants, and no one is required to enter into a contract with a person they have not chosen themselves. A replacement tenant presented by the tenant is an offer to end the contract early, not an obligation. There are two exceptions. If the contract contains a replacement tenant clause, it depends on its form: with a proper clause (echte Nachmieterklausel), you must accept a proposal as long as it is suitable and reasonable. With an improper clause (unechte Nachmieterklausel), you must release the tenant if the proposal is suitable and reasonable; you do not have to enter into a contract with the proposed person. And if the contract is for a fixed term or ordinary termination is excluded, a claim to early release may arise from good faith under Section 242 BGB. For fixed-term contracts, the Federal Court of Justice cites a legitimate interest of the tenant in early termination and a suitable, reasonable replacement tenant (BGH, judgment of January 22, 2003, VIII ZR 244/02); for an exclusion of termination, it left the question open (BGH, judgment of October 7, 2015, VIII ZR 247/14). Even in these cases, you are entitled to screen the proposed candidate and reject them if they are not suitable or not reasonable.

What is a replacement tenant clause (Nachmieterklausel)?

A replacement tenant clause is an agreement in the lease setting out what applies if the tenant wishes to move out before the end of their binding term and provide a substitute. Two forms are distinguished. A proper replacement tenant clause (echte Nachmieterklausel) obligates you as a landlord to enter into a contract with a suitable and reasonable replacement tenant; you can only reject them if the proposed candidate is not suitable or not reasonable. An improper replacement tenant clause (unechte Nachmieterklausel) allows the tenant to leave early if they provide a suitable and reasonable replacement tenant. You must release them, but you do not have to conclude a contract with the proposed person. Neither term appears in statutory law; the effect of a clause results from its specific wording. Without a clause, the baseline rule remains that there is no obligation to accept, except in the case of a fixed term or an exclusion of termination (Section 242 BGB).

How many replacement tenants must the tenant provide?

There is no fixed number: neither the law nor the judgments of the Federal Court of Justice of January 22, 2003, and October 7, 2015, specify one. An obligation to provide three candidates does not exist in the law. What matters is not the number of proposals, but whether a proposal is suitable and reasonable. A single reasonable proposal can suffice, while multiple unsuitable ones do not. If your contract contains a clause that specifies a certain number, its wording is decisive. Where a tenant seeks early release based on good faith, the search rests entirely on them: they must find the person, inform you about them, and give you the information you need to evaluate their reliability and financial capability (BGH, judgment of October 7, 2015, VIII ZR 247/14).

May I request a self-disclosure (Selbstauskunft) from the replacement tenant?

Yes; the guidance paper of the Data Protection Conference does not provide for any exception, including for candidates proposed by the current tenant. The guidance (Version 2.0, as of January 2026) does not explicitly mention replacement tenants; it regulates data collection from prospective tenants and distinguishes up to three points in time. For the viewing appointment, it provides for first name, last name, and contact details, plus the question regarding an eligibility certificate (Wohnberechtigungsschein) in social housing. Profession, employer, income, and the inquiry about any eviction orders for rent arrears only follow once someone declares their intention to rent this specific apartment. Supporting documentation and a credit report only come after your decision in favor of a candidate. Where the tenant seeks early release, they must also provide you with the information you need for the assessment (BGH, judgment of October 7, 2015, VIII ZR 247/14).

For what reasons may I reject a replacement tenant?

Without a clause and without a binding term, a brief rejection without stating reasons is sufficient, provided you decide freely. Where a clause or a binding term applies, valid reasons are those inherent to the proposed candidate that affect their suitability or reasonableness, such as an income that does not cover the rent or information that is missing despite a deadline. The Federal Court of Justice treats reasonableness as an indeterminate legal concept evaluated by the court according to all circumstances of the individual case (BGH, judgment of January 22, 2003, VIII ZR 244/02). In that decided case, far-fetched fears, mere personal dislike, and an objectively unfounded attitude toward certain tenant groups were disregarded, and a child in the household did not render the applicant unreasonable; the Federal Court of Justice did not object to this. For residential property offered to the public, discrimination based on race or ethnic origin remains impermissible (Section 19 (2) AGG), except in the case of a special relationship of proximity or trust (Section 19 (5) sentence 1 AGG).